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Petition For Divorce

This document is a petition for divorce filed in district court. It provides details about the petitioner and respondent, including their status, age, place of residence before and after marriage. It lists any children from the marriage and the grounds for divorce. It states that the petitioner has not condoned or been complicit in the cited grounds. It also notes there have been no previous legal proceedings or delays in filing. The petitioner requests a divorce decree and, if applicable, damages. Facts are verified by the petitioner. Relevant case laws are also cited.

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384 views3 pages

Petition For Divorce

This document is a petition for divorce filed in district court. It provides details about the petitioner and respondent, including their status, age, place of residence before and after marriage. It lists any children from the marriage and the grounds for divorce. It states that the petitioner has not condoned or been complicit in the cited grounds. It also notes there have been no previous legal proceedings or delays in filing. The petitioner requests a divorce decree and, if applicable, damages. Facts are verified by the petitioner. Relevant case laws are also cited.

Uploaded by

kinnari bhuta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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PETITION FOR DIVORCE

IN THE DISTRICT COURT AT....................

........................................................................ Petitioner

versus

..................................................................... Respondent

Petition for divorce under Section 27 of the Special Marriage Act, 1954 (No. 43 of 1954).

The petitioner prays as follows: —

1. The petitioner is the husband/wife of respondent. The marriage between the parties was
solemnized/registered under Chapter II of the Act by the Marriage Officer of Chapter
II.................... at.................... on.................... A certified copy of the certificate of marriage is
attached with this petition.

2. The status and place of residence of the parties to the marriage before the marriage and at

Husband Wife

Status Status

Age Age

Place of Residence Place of Residence

(i) Before marriage

(ii) At the time of filing the petition

3. (In this paragraph state the names of the children, if any, of the marriage together with their
sex, dates of birth or ages).

4. The respondent has.................... (one or more of the grounds specified in Section 27 of the
Act may be pleaded there. The facts on which the claim to relief is founded should be stated in
accordance with the Rules and as distinctly as the nature of the case permits).

5. (Where the ground of petition is adultery). The petitioner has not in any manner been
accessory to or connived at or condoned the adultery.

6. (Where the ground of petition is cruetly). The petitioner has not in any manner condoned the
cruelty.
7. The petition is not presented in collusion with the respondent.

8. There has not been any unncessary or improper delay in instituting the proceedings.

9. There has not been any previous proceedings with regard to the marriage by or on behalf of
any party.

OR

There have been the following previous proceedings with regard to the marriage by or on behalf
of the parties: —

Serial Name of Name of Number and Name and location of Result


No. Parties Proceedings date and year the court
with section of the case
of the Act

(i)

(ii)

(iii)

(iv)

10. (In petition by a husband for divorce on the ground of adultery where damages are claimed
against the co-respondent, grounds on which the claim to damages is founded should be fully
and clearly-stated and the amount claimed and the mode of assessment should be specified).

11. There is no other ground why relief should not be granted.

12. The marriage was solemnized at....................... The husband and wife reside
at....................... The husband and wife last resided together at..................... (within the local
limits of the jurisdiction of this Court).

OR

(Where the petition is by a wife domiciled in the territories of India except the State of Jammu
and Kashmir). The petitioner is resident within the territories of India except the State of Jammu
and Kashmir and has been ordinarily resident therein for a period of three years immediately
preceding the presentation of this petition and the respondent is not resident in the said
territories. (Give particulars according to the Rules).

13. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
14. The petitioner, therefore, prays that he may be granted a decree of divorce against the
respondent, and (to be scored out if unnecessary may further be granted a decree for recovery
of Rs..................... as damages against the adulterer correspondent.

Petitioner

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of


the petition are true to the petitioner’s knowledge and paras .................... to.................... are
true to the petitioner’s information received and believed to be true by him.

Verified on this................. day of.................... 19.................... at....................

Place.................... Petitioner

Where in a divorce petition wife took up a plea and also led evidence that petitioner husband
was interested in getting married with another girl but fact was not proved, it would not mean
that allegation was false which could amount to cruelty.4

Once ingredients of Section 13B of Hindu Marriage Act are satisfied, court has no other option
except to accept the prayer for dissolution of marriage by decree of divorce.5

Cruelty cannot be judged from a solitary incident but on an overall consideration of all relevant
circumstances.6

The party seeking divorce on the ground of desertion is required to show that she was not
taking the advantage of his or her own wrong.7

4. Hema Reddy v. Rakesh Reddy, 2002 (2) CCC 227 (A. P).

5. K. S. Subrumanian v. V. Vasanthi Devi, 2002 (2) CCC 153 (Mad. ).

6. G. V. N. Kameswara Rao v. G. Jabilli, AIR 2002 SC 576.

7. Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591.

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